Some theoretical problems on the right to silence in criminal procedure summary

Abstract

Right to silence is a fundamental right of human beings in criminal proceedings and one of the most important measures to protect human rights in society. The right to remain silent had been prescribed for a long time in the Criminal Procedure Code of many countries and proved to be effective in ensuring the rights of persons in custody, accused or defendants in criminal proceedings. However, there has been plenty of opinions on the right to silence in Vietnam. Some support the legalization, some oppose while some other are worried about implementation difficulties. Perhaps this is because the connotation of the right to silence is not fully understood. This paper analyzes the origin and nature of the right to silence, thereby providing a more accurate view on the connotation of the right to silence.